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(영문) 수원지방법원여주지원 2019.07.04 2019가단2348
건물명도 및 양수금
Text

1. Defendant C shall deliver to Defendant DD Corporation the buildings listed in the separate sheet.

2. Defendant D Corporation shall be from Defendant C.

Reasons

1. Facts of recognition;

A. On April 26, 2017, Defendant C entered into a lease agreement with Defendant D Corporation (hereinafter “Defendant D Corporation”) with regard to the buildings listed in the separate sheet (hereinafter “instant building”) on the leased deposit amounting to KRW 9,670,00, and the lease agreement that Defendant C wishes to lease (hereinafter “instant lease agreement”) on April 30, 2019 when the lease term expires.

B. On August 28, 2018, the Plaintiff extended a loan of KRW 12.5 million to Defendant C on August 28, 2018 at the maturity of payment on August 28, 2020, with interest rate of KRW 16% (hereinafter “instant loan”). As such, on August 24, 2018, Defendant C transferred the right to refund the lease deposit amount of KRW 9.67 million under the instant lease agreement with the Defendant Corporation.

C. On August 24, 2018, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant C, and notified the Defendant Corporation of the assignment of claims, and the said notification reached the Defendant Corporation around that time.

In transferring the claim for return of the lease deposit of this case to the Plaintiff, Defendant C prepared a letter of commitment to the effect that, “When Defendant C is unable to pay the principal and interest of the loan by the due date (or due date for the loss of the term) the Plaintiff would terminate the lease contract concluded with Defendant C with Defendant Corporation with respect to the building of this case so that the Plaintiff may be directly refunded the lease deposit from Defendant Corporation within the due date, and immediately deliver the building to the Plaintiff or the Plaintiff, and if necessary, there is no objection even if the Plaintiff notified the termination of the lease contract by subrogation of Defendant C.”

E. Defendant C did not pay interest on the instant loan since August 28, 2018 to the Plaintiff.

[Evidence Evidence: Written Evidence Nos. 1 through 7 and the purport of the whole pleadings]

2. According to the above facts of recognition as to the cause of the claim, Defendant C and Defendant Corporation.

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